Opinions

State vs. Tyree Austin
01C01-9605-CC-00187

State vs. Terry Dominy
01C01-9512-CC-00404
Trial Court Judge: Jim T. Hamilton

State vs. Terry Dominy
01C01-9512-CC-00404
Trial Court Judge: Jim T. Hamilton

William Jones vs. Jack Morgan, et al
01C01-9606-CC-00263
Trial Court Judge: Hamilton V. Gayden, Jr.

Rick Vaulton vs. State
01C01-9606-CR-00276

01C01-9606-CR-00243
01C01-9606-CR-00243

Gregory Thompson vs. State
01C01-9506-CC-00180
Trial Court Judge: William H. Russell

State vs. Rickey Coleman
01C01-9604-CC-00139
Trial Court Judge: Jim T. Hamilton

State vs. Robert Sowell
01C01-9603-CR-00087

Williams v. Sweetwater
03S01-9607-CH-00084
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Earl H. Henley,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff alleged a work-related aggravation of a pre-existing non-work-related back condition. She alleged that medical expenses and temporary total disability benefits had been paid by the employer but sought permanent partial disability, future medical expenses and discretionary costs. The trial court found that the temporary aggravation of her back condition had resolved with no permanent impairment and awarded no future benefits. We affirm the judgment of the trial court. Plaintiff, a registered nurse, injured her back at home in June, 1992. Dr. David Hauge, orthopedic surgeon, performed lumbar disk surgery at L4-L5 on November 19, 1992 and returned plaintiff to work the following January with lifting restrictions. Plaintiff alleged that on January 25, 1993, she re-injured her back while lifting a patient at work. Dr. Hauge placed her on temporary total disability for three weeks and treated her conservatively, after which she returned to work again. Dr. Hauge opined that 2 percent of patients who have disk surgery experience recurrent herniations of the same disk. There are various causes of such recurrences, some related to the surgery itself and some which are due to just normal activity. He could not state within reasonable medical certainty whether or not plaintiff's recurrent herniation was work-related. Dr. Hauge opined that the original, non-work-related injury resulted in eleven percent permanent partial disability to the body as a whole: "I would state that the 11% impairment to the body . . . is a result of the injury she sustained in June, 1992 and her subsequent surgery. The percentage impairment this patient has did not change as a result of the January, 1993 incident, although it certainly can be argued that she was much more likely to have an aggravation requiring medical treatment because of the existence of this previous problem." Our review of the findings of fact made by the trial court is de novo upon the 2

Moore vs. Tate
03A01-9611-CV-00350

Nationsbank vs. JDRC
03A01-9607-CH-00226

State vs. Michael Henry
02C01-9611-CC-00382
Trial Court Judge: William B. Acree

Petitioner'S Conviction Is Void. See Archer v. State, 851 S.W.2D 157, 164 (Tenn. 1993).
02C01-9612-CC-00477

State vs. Derek Manns
02C01-9410-CC-00209

Carroll vs. State
03C01-9603-CR-00139

Stewart v. City of Johnson City
03S01-9606-CH-00066
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. GERALD JOHNSON
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.

Grace vs. Grace, Jr.,
01A01-9611-CV-00534
Trial Court Judge: Muriel Robinson

International Collection Services vs. Bailey
01A01-9702-CH-00072
Trial Court Judge: Claudia C. Bonnyman

State, ex. rel., Douglas Sizemore vs. United Physicians Insurance
01A01-9610-CH-00484
Trial Court Judge: Ellen Hobbs Lyle

Burke vs. The TN. Walking Horse Breeders
01A01-9611-CH-00511
Trial Court Judge: Lee Russell

Dockery vs. Estate of Jack C. Massey
01A01-9611-CH-00531
Trial Court Judge: Irvin H. Kilcrease, Jr.

American Steinwinter Investment Group vs. American Steinwinter, Inc.
01A01-9607-CH-00350
Trial Court Judge: Robert S. Brandt

Robin Lethco and husband, Mark Lethco v. John Huffman, M.D.
03A01-9610-CV-00340
Authoring Judge: Judge Don T. McMurray
Trial Court Judge: Judge Dale Young

The sole issue on this appeal, as stated by the appellant, is whether the trial court erred in dismissing this action on motion for summary judgment. More properly stated, the issue is whether or not the trial court abused its discretion by denying a motion for a continuance of the hearing for summary judgment or alternatively whether the trial court abused its discretion in denying the plaintiffs relief from the summary judgment. We find no error on the part of the trial court and accordingly affirm the judgment.

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